The long road to adoption

Posted in Advice on Jul 08, 2019

Experience has shown that for many childless couples, adopting a child from abroad can be a costly and time consuming business. In Belgium, prospective parents will have to follow at least four steps. First, there is the compulsory preparation to adoption which is organized separately by the three language communities in Belgium: the Flemish Community, the French Community and the German Community. Secondly, the child needs to be adopted is his / her country of origin. Thirdly the adoption documents have to be obtained submitted to the aforementioned Community of the prospective adopting parents. When this Community approves of the adoption, it still need to be registered with the Central federal adoption authority. Decisions of Belgian authorities refusing to recognize an adoption made abroad can be challenged before the Court of First Instance (Tribunal de première instance / Rechtbank van Eerste aanleg). This usually takes many months, as a prior advice from the Public Prosecutor is required. The Prosecutor has to investigate the case in order to check for any possible fraud before the Tribunal makes its judgement. Lastly, when the adoption has been legally approved, the parents will have to obtain an entry visa to Belgium for their child. This procedure can also take many months as the Home office needs to check entry conditions, including the financial capacity of the adoption parents. All steps taken into account, it usually takes more than a year before the child can effectively join his or her adoptive parents. The intervention of a lawyer can help speed up the process.

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